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Comparative vs Contributory Negligence : Who Is At Fault During An Accident ?

Posted by on Jun 15, 2016

During car accidents, it is the job of a judge to determine who is at fault in case of injuries or deaths. It is but fair to make someone liable for accidents in order to determine who will shoulder the cost. Determining liability can be easy if only one person is to be blamed. But if there is more than driver who caused the accident, everything will depend on the state where the crash happened.

When it comes to determining fault in a car accident, negligence can either be comparative or contributory. According to the website of the Law Offices of Yvonne M. Fraser, 13 states are adopting the comparative negligence rule. Under this system, the plaintiff may still be able to collect damages even if they were partially to blame for the accident. Depending on the action that contributed to the accident, the cost of damages that the plaintiff may be able to collect will be greatly reduced. The level of fault will be compared and the amount of damage will be based on their contribution to the fault.

Comparative negligence can be further divided into modified comparative negligence – 51% rule and modified comparative negligence – 50% rule. There are 33 states that follow the modified comparative negligence rule and from that number, 21 states adopt the modified comparative negligence – 51% rule.Under this system, the plaintiff can only collect damages if their level of fault is not more than 51%. On the other hand, the 12 remaining states adopting comparative negligence adopt the modified comparative negligence – 50% rule. This means that if the plaintiff is responsible for half of the fault, they will not be entitled to receive damages from the accident.

In contributory negligence, if the plaintiff was partially responsible for the accident, they would not be entitled to receive any damages from the accident. Suppose the Car A collided with Car B and the crash resulted to the injury of the driver of Car A who partially caused the accident, Car A’s driver will not receive any damages since he had a contribution to the accident. Only four states and District of Columbia adopt the pure contributory negligence rule.

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Common Causes of Car Accidents

Posted by on Oct 28, 2015

As data in the United States Census Bureau indicate, motor vehicle collisions are occurring over the US all within an alarming regularity. Based on the authority’s reports, on average 10.6 million injuries were documented yearly during 2004 up to 2009. For every year in this 6-yr span, an overpowering variety of accidents happen on routes and main roads throughout the nation. While a good number of those reported incidents merely directed to mild crashes, some also resulted in absolute wreckages that caused serious injuries and deaths.

There are various factors that cause these devastating car accidents. Danville car accident lawyers would probably tell you that automobile accidents are generally caused by driver error, speeding, reckless driving, mechanical flaws, road dangers, and drinking and driving. Many of these incidents significantly influence those that are overpowered by the automobiles on the road, including pedestrians and cyclists.

A rollover injury is a particularly harmful situation. Common to SUV and 4 -wheel drives, automobiles that fall to the side because of imbalance or turnover can cause quite serious injuries such as brain trauma and spinal cord injury. It is essential to learn more about such situations and be mindful of the fact that the conditions which guide to such accidents can be further aggravated by particular variables. Blockages and street defects may cause SUV drivers disrupting the equilibrium of the car, to swerve or make abrupt turns.

Car accidents are easily among the most traumatic events that a person can face. The fact that it could happen at any moment while performing an action that is so ingrained in many people’s lives makes the occurrence of such accidents a lot more alarming.

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